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(영문) 창원지방법원 2020.10.23 2020노1639
사기방조
Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

No. 1 of the seized evidence.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The so-called “scaming crime” is a crime that induces many unspecified victims in a systematic and planned manner by sharing the roles of a large number of people, and the nature of the crime is not very good and the harm inflicted on the victim and society is serious, so it is necessary to punish the victims with severe penalty corresponding thereto.

The Defendant’s act of aiding and abetting the Defendant’s act of using the cash received from the victims to the account designated by the Organization of Bosingscams by transferring the cash without passbooks, and the liability for the crime is not less severe.

As a result of the instant crime, 11 victims suffered total damages of 174,610,000 won, and considerable damages were not recovered.

However, the defendant is against himself while committing a crime.

The crime of this case does not seem to have been based on conclusive intention, and the profit of the defendant is limited.

At the lower court, the Defendant agreed with the victim AA, Y, Z, V, E, and further agreed with the victim B, C in the trial.

The defendant is an elementary offender who has no record of criminal punishment.

In full view of the above circumstances and all of the sentencing conditions in the pleadings, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., the sentence imposed by the lower court is deemed to be too unreasonable.

Therefore, the defendant's argument is reasonable and the prosecutor's argument is without merit.

3. When the defendant, ex officio, files an appeal against a conviction among the judgment below, the compensation order pursuant to Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, even if the defendant does not object to the compensation order, has been transferred to the appellate court along with the defendant's case, and thus, the part of

The court below held.

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